Helping Services for Northeast Iowa SubcontractMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
bierd
All-America City
1
2007
SUBJECT: Approval of a Helping Services for Northeast Iowa Subcontract Regarding
Underage Alcohol Sales Compliance Checks and Monitoring
Reimbursement
DATE: February 15, 2012
Helping Services of Northeast Iowa has entered into a contract with the First Judicial
District Juvenile Court Services to provide training and compliance checks regarding the
enforcement of underage drinking laws. As part of the contract, a subcontract is
available to reimburse the Police Department for alcohol compliance checks and
monitoring of area liquor license holders concerning underage alcohol sales.
Although the Police Department continues to be proactive with compliance checks for
both tobacco and alcohol, the Helping Services of Northeast Iowa grant allows the
Police Department to be reimbursed for the compliance checks and monitoring. The
compliance checks employ underage youth supervised by Dubuque Police officers to
confirm area businesses are not selling alcohol products to underage persons.
The subcontract allows the Police Department to be reimbursed for each compliance
check in the amount of $50 for a maximum of 51 compliance checks. The maximum
reimbursement will not exceed $2,250.
Chief of Police Mark Dalsing recommends City Council approval of the Helping Services
of Northeast Iowa subcontract agreement allowing reimbursement of funds associated
with underage alcohol sales compliance and monitoring checks by the Police
Department.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Mark Da!sing, Chief of Police
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THE CITY OF
DUBJJE MEMORANDUM
Masterpiece on the Mississippi
DATE: February 13, 2012
TO: Michael C. Van Milligen
City Manager
FROM: Mark Dalsing
Chief of Police
RE: Approval of a Helping Services for Northeast Iowa subcontract regarding
underage alcohol sales compliance checks and monitoring reimbursement
INTRODUCTION
The purpose of this memorandum is to seek consideration to approve a subcontract with
Helping Services for Northeast Iowa, Inc. regarding the enforcement of underage drinking
laws by providing funding for alcohol compliance checks and monitoring to area liquor
license holders.
BACKGROUND
Helping Services of Northeast Iowa has entered into a contract with the First Judicial
District Juvenile Court Services to provide training and compliance checks regarding the
enforcement of underage drinking laws. As part of the contract, a subcontract is available
to reimburse the police department for alcohol compliance checks and monitoring of area
liquor license holders concerning underage alcohol sales.
DISCUSSION
Although the police department continues to be proactive with compliance checks for both
tobacco and alcohol, the Helping Services of Northeast Iowa grant allows the Police
Department to be reimbursed for the compliance checks and monitoring. The compliance
checks employ underage youth supervised by Dubuque Police officers to confirm area
businesses are not selling alcohol products to underage persons. The compliance check
consists of the following procedure:
1) An underage youth working with Dubuque Police Officers enters the permit
holder business and requests the purchase of alcohol.
2) The underage youth remains under direct supervision during the compliance
check by the accompanying officers.
3) If asked, the underage youth is instructed to show their true underage
identification to the employee /clerk. Additionally, the underage youth is
instructed to truthfully answer all questions asked by the employee /clerk.
4) If a purchase is made, the youth leaves the business and meets with the officers
at a predetermined location where an accounting of the purchase is completed.
5) Once the youth is away from the business, the investigating officer approaches
the clerk, identifies him or herself and completes the investigation. In most cases
this results in issuing a citation for selling alcohol to an underage youth.
6) Once the clerk /employee has been cited, the officer attempts to contact the
manager or owner telling them of the violation and the possible civil penalties.
7) Upon conclusion of the criminal disposition resulting in a guilty plea or conviction,
initiation of the civil penalty to the business license holder begins. The business
license holder civil penalty includes:
Alcohol Compliance Civil Penalties — Iowa Code §123.50
(a) 1St Violation: $500 fine or 14 -day suspension
(b) 2nd Violation within 2 years: $1,500 fine and 30 -day suspension
(c) 3rd Violation within 3 years: $1,500 fine and 60 -day suspension
(d) 4th Violation within 3 years: Revocation
The subcontract allows the police department to be reimbursed for each compliance check
in the amount of $50 for a maximum of 51 compliance checks. The maximum
reimbursement will not exceed $2,250.
Attached is the Helping Service of Northeast Iowa subcontract agreement. City Attorney,
Barry Lindahl has reviewed the agreement.
RECOMMENDATION:
The recommendation is for City Council consideration and approval of the subcontract
agreement with helping Services of Northeast Iowa regarding reimbursement of funds
associated with underage sales compliance and monitoring checks by the police
department. The alcohol compliance rate has steadily risen over the past few years, from
72% in fiscal year 2008 to the current rate of 97.55% for fiscal year 2011, which is
beneficial for the community and proof of an effective and worthwhile partnership.
ACTION REQUESTED:
The requested action is City Council consideration to approve and sign the Helping
Services of Northeast Iowa subcontract agreement allowing reimbursement of funds
associated with underage alcohol sales compliance and monitoring checks by the police
department.
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Kevin Firnstahl, City Clerk
Helping Services for Northeast Iowa
HELPING SERVICES FOR NORTHEAST IOWA, INC
SUBCONTRACT AGREEMENT
Having entered into a contract with the Juvenile Court Service for the First Judicial District
to provide training and compliance checks under the Enforcement of Underage Drinking
Laws, Helping Services for Northeast Iowa, Inc., offers the following agreement as a
subcontract for services.
This agreement is made this 1st day of November, 2011, by and between Helping Services for
Northeast Iowa, Inc., and the Dubuque Police Department herein after referred to as the
Subcontractor. The address of the Subcontractor is:
Dubuque Police Department
770 Iowa Street
Dubuque, IA 52001
The parties hereto agree to the following:
PERFORMANCE PERIOD
The performance period of this Agreement shall be for the period of
October 1, 2011 to September 30, 2012.
SCOPE OF WORK
Subcontractor will perform services as defined in the Proposal submitted by
Helping Services for Northeast Iowa, Inc, to the Juvenile Court Service for the
First Judicial District. Services to be performed include:
Alcohol compliance checks of up to 51 alcohol license holders
in the city of Dubuque.
The Subcontractor will complete all Alcohol Compliance Checks by August 01,
2012. If allotted hours are not used by this time, the Subcontractor must notify
Helping Services for Northeast Iowa in writing of their plans to use the remaining
funds. Email communication is acceptable. This written plan must be received by
August 31, 2Q.F(or funds will be reallocated without further notice.
1
Helping Services for Northeast Iowa
The Subcontractor will provide Helping Services for Northeast Iowa, Inc., with all
necessary records, data, information, and documentation required for Helping
Services for Northeast Iowa, Inc., to carry out its quarterly reporting obligations
to the Juvenile Court Service for the First Judicial District, and will assist Helping
Services for Northeast Iowa, Inc, staff in complying with contract obligations for
reporting and program evaluation.
CONTRACT EXECUTION
The Subcontractor shall provide evidence of general liability insurance and
professional liability insurance (see below) naming Helping Services for
Northeast Iowa as additionally insured, and workers compensation insurance
coverage for the Subcontractor's employees. Documentation of this insurance
coverage must be provided at the time this subcontract is executed by the
Subcontractor and returned to Helping Services for Northeast Iowa.
PAYMENT FOR SERVICES
Payment for services under this contract shall be as follows:
Reimbursement requests are to be invoiced to Helping Services within 30
days of the service date. All reimbursement requests must be received by
September 30, 2012. The invoice must list the date, time, location, and results of
each compliance check, including the name(s) of non - compliant establishments
and clerks.
The subcontractor will be reimbursed at a rate of $50.00 per compliance check for
a maximum of 51 checks. Maximum reimbursement for compliance checks will
not exceed $2250.00 In the event that budgeted EUDL grant funds are available,
additional compliance checks can be reimbursed at the rate of $50 /check at the
discretion of Helping Services.
All claims must be accompanied by appropriate documentation supporting the
claim.
Subcontractor shall provide uncontested access to contract related records by any
appropriate federal or state agents, including the Juvenile Court Service for the
First Judicial District and its representative, and to Helping Services for Northeast
Iowa, Inc., and retain said records for not less than five (5) years. This includes
any financial, procurement, and local match records required for Helping Services
for Northeast Iowa, Inc., closeout and audit.
All requests for reimbursement shall be sent, within 30 days of the date of
service, to:
Fiscal Manager /Terry Casterton
2
Helping Services for Northeast Iowa
Helping Services for Northeast Iowa, Inc.
P.O. Box 372
Decorah, IA 52101
Helping Services for Northeast Iowa, Inc., shall be obligated to provide said funds
for reimbursement of Subcontractor expenses only on the condition that said
funds shall be available from the State of Iowa, Inc. Failure of Helping Services
for Northeast Iowa, Inc., to receive grant funds from the Juvenile Court Service
for the First Judicial District shall cause this agreement to be terminated.
SUBCONTRACTOR STATUS
1. Nothing in the execution and performance of this Agreement shall be construed to
establish and employer- employee relationship between Helping Services for
Northeast Iowa, Inc, and Subcontractor.
2. The Subcontractor represents that it is an independent contractor for purposes of tax
withholding on the payment of fees, and acknowledges that it is responsible for any
and all income and Social Security tax, which may be required on such payments.
3. The Subcontractor agrees and acknowledges that under this agreement it is not
provided any health, retirement, workers compensation, or any other benefits by
Helping Services for Northeast Iowa, Inc.
4. The Subcontractor represents that it maintains adequate insurance coverage for the
commercial and professional activities performed under this Agreement and will
provide documentation as requested in section of this contract titled "Contract
Execution ": General Liability $1 million; Automobile Liability covering hired auto
and non owned autos $1 million; Excess Liability 2 million; Workers Compensation
as required by Iowa Law; Helping Services for Northeast Iowa named as an
additional insured on the Subcontractor's general liability policy and professional
liability policy.
5. The Subcontract budget and program plan, as outlined in the Proposal submitted by
Helping Services for Northeast Iowa, Inc, to the Juvenile Court Service for the First
Judicial District is attached, by reference, to this Subcontract. This Subcontract is
governed by the terms and conditions, including special conditions, attached by the
Juvenile Court Service for the First Judicial District to the contract governing this
project, which is between the Juvenile Court Service for the First Judicial District and
Helping Services for Northeast Iowa, Inc.
CONFIDENTIALITY of CLIENT RECORDS
Subcontractor's policies and procedures shall provide that records
regarding the identity, diagnosis, prognosis, and services provided to any
client in connection with the performance of the contract are maintained
and disclosed only for the purposes and under the circumstances
expressly authorized under state or federal confidentiality laws rules or
regulations.
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Helping Services for Northeast Iowa
This Article 5 shall survive expiration and termination of this
Agreement.
AMENDMENT OF THIS AGREEMENT
The terms and conditions of this Agreement may only be amended or
supplemented by written agreement of both parties and, when necessary,
with Juvenile Court Service for the First Judicial District concurrence.
Such amendments include any change in the Subcontract budget and
program plan as outlined in the Proposal submitted by Helping Services
for Northeast Iowa, Inc, to the Juvenile Court Service for the First
Judicial District and attached, by reference, to this Subcontract.
DEFAULT
In the event Subcontractor does not complete the Services in a satisfactory
manner
1. Subcontractor shall be liable to Helping Services for any additional expenses incurred
by Helping Services for satisfactory completion of the Services.
2. The Subcontractor shall be obligated to pay Helping Services for any expenses
reimbursed to the Subcontractor that were in support of work not completed.
3. This Article does not limit the remedies, at law or in equity, otherwise available to
either party.
INDEMNIFICATION
Subcontractor agrees to defend, indemnify, and hold the State of Iowa, Juvenile
Court Service for the First Judicial District and Helping Services for Northeast
Iowa, Inc., harmless for any damages, liabilities, or expenses related to or arising
from the following:
1. Any violation of this agreement by the Subcontractor;
2. Any negligent acts or omissions of the Subcontractor;
3. Any failure by the Subcontractor to comply with federal, state, or
local laws;
4. Any infringement of any copyright, trademark, patent, or other
intellectual property rights.
Helping Services for Northeast Iowa, Inc., shall be responsible for all damages to
persons or property that occurs as a result of Helping Services for Northeast Iowa,
Inc., fault negligence, gross negligence, bad faith, fraud, or other wrongful acts in
the performance of this agreement.
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Helping Services for Northeast Iowa
GOVERNING LAW
This Agreement shall be governed and construed according to the laws of the
State of Iowa.
ASSURANCES
During the performance of services Subcontractor shall be in compliance with all applicable
state and federal laws and rules, ordinances, and regulations. By signing this Agreement,
Subcontractor certifies that the Subcontractor is in compliance with the following:
All federal statutes relating to non - discrimination, including but not limited to
Title VI of the Civil Rights Act of 1964 and Executive Order 11246, "Equal
Employment Opportunity" as amended by E.O. 11375; Section 504 of the
Rehabilitation Act of 1973; the Age Discrimination act of 1975: and any
amendments thereto.
In accordance with Helping Services for Northeast Iowa, Inc., policies, Subcontractor does
not have a conflict of interest in the performance of this Agreement.
In witness whereof, the parties hereto have caused this Agreement to be executed in duplicate
as of the date(s) set forth below.
Helping Service for Northeast Iowa, Inc. Subcontractor
By: By:
Name: David Runyon Name:
Title: Executive Director Title:
Date: Date:
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IOWA COMMUNITIES ASSURANCE POOL
CERTIFICATE OF COVERAGE
This Certificate is issued as a matter of information only and confers no rights upon the Certificate
holder. This Certificate does not amend, extend or alter the benefits afforded by the Legal Defense and
Claim Payment Agreement.
NAME AND ADDRESS OF MEMBER: City of Dubuque
50 West 13th St.
Dubuque, IA 52001 -4865
This is to certify that the Benefits listed below have been issued to the Member named above and are in force at this time.
Notwithstanding any requirement, term or condition of any contract or other document with respect to which this Certificate
may be issued or may pertain, the benefit afforded is subject to all of the terms, exclusions and conditions of the Legal
Defense and Claim Payment Agreement, and the Intergovernmental Contract.
Member #
Effective Benefits Limits of Coverage
3 7/1/2011 LEGAL LIABILITY FOR THIRD PARTY $1,000,000.00 EACH OCCURRENCE
CLAIMS
$20,000.00 DEDUCTIBLE
7/1/2011 LAW ENFORCEMENT OPERATIONS $1,000,000.00 EACH OCCURRENCE
$20,000.00 DEDUCTIBLE
7/1/2011 WRONGFUL ACTS (PUBLIC OFFICIALS) $1,000,000.00 EACH ACT
$20,000.00 DEDUCTIBLE
Certificate holder is named as additional party.
CANCELLATION: Should the above described Benefits be canceled or reduced, the IOWA COMMUNITIES ASSURANCE
POOL shall endeavor to mail Ten (10) days written notice to the below named Certificate holder, but failure to mail such
notice shall impose no obligation or liability of any kind upon the Pool.
NAME AND ADDRESS OF
CERTIFICATE HOLDER: DATE ISSUED: 2/9/2012 1:47:00 PM
Regarding: Training & Compliance Checks from October 1, 2011 to September 30, 2012
Helping Services for Northeast Iowa, Inc.
Attn: Fiscal Manager, Terry Casterton
PO Box 372
Decorah, IA 52101
ICAP 0300 (7/98)
Paae 1
AUTHORIZED REPRESENTATIVE:
IOWA COMMUNITIES ASSURANCE POOL
5701 GREENDALE ROAD
JOHNSTON, IOWA 50131
EFFECTIVE DATE: 10/01/2011 MEMBER NO: 3
MEMBER NAME: Dubuque ENDORSEMENT NO: 113
ADDITIONAL PARTY ENDORSEMENT
This endorsement modifies the Legal Defense and Claim Payment Agreement.
It is agreed that with respect to LEGAL LIABILITY FOR THIRD PARTY CLAIMS in Section III —
BENEFITS, the person or organization named herein and its employees or volunteers are included
as
members in Section II - WHO RECEIVES BENEFITS, but only with respect to:
Your training and compliance checks for Helping Services for Northeast Iowa, Inc. from
10/1/2011 to 9/30/2012.
PERSON OR ORGANIZATION:
Helping Services for Northeast Iowa, Inc.
Attn: Fiscal Manager, Terry Casterton
PO Box 372
Decorah, IA 52101
Nothing contained herein shall be construed to broaden the benefits, terms, conditions or limits beyond that
which is provided in this Legal Defense and Claim Payment Agreement and the Iowa Risk
Management Agreement to which this endorsement attaches.
COUNTERSIGNED: 02/09/2012 BY:
DATE AUTHORIZED SIGNATURE
LDCP 0310 (7/98) IRMA